09.04.03
Urgent Interventions
OMCT's intervention at the Commission on Human Rights under item 11
Commission on the Promotion and Protection of Human Rights
59th session
17 March -24 April 2003
Agenda Item 11 : Civil and political rights, including the questions of:
(a) Torture and detention;
(b) Disappearances and summary executions;
(c) Freedom of expression;
(d) Independence of the judiciary, administration of justice, impunity;
(e) Religious intolerance;
(f) States of emergency;
(g) Conscientious objection to military service.
Thank you Madam Chairperson,
The World Organisation Against Torture (OMCT) is deeply concerned about the continuing effects of the so-called “war against terror” on the respect for the prohibition against torture. In recent months, questioning in the western media of the absolute nature of the prohibition of torture alongside suggestions in many different fora that certain types of supposedly “light” or moderate torture could be acceptable in certain situations have become routine. OMCT would like to recall that the prohibition against torture is a norm that is absolute and cannot be suspended or suffer any kind of limitation under any circumstances under both human rights and humanitarian law. In view of the potentially grave consequences of the current debate, OMCT calls on the Commission on Human rights to explicitly reaffirm the jus cogens status of the prohibition against torture in this year’s resolution on torture.
Madam Chairperson,
In a number of countries the adoption of anti-terror laws and measures raise concern including: Egypt, Indonesia, Russia, Tunisia, the United Kingdom, the United States and Uzbekistan.
Since the attacks of September 11 2001, the United States has adopted a number of legal provisions and subterfuges that seem to have as their main objective either to severely limit certain prisoners’ legal guarantees or to place them entirely outside the protection of the law. Prisoners submitted to such measures have been kept in almost complete isolation and, in some cases, in incommunicado detention, rendering independent monitoring of their treatment extremely limited.
These detainees include: persons held in the United States on immigration charges, the approximately 650 detainees currently being held at Guantanamo Bay without charge: and an unspecified number of suspected security detainees who are reportedly being held in secret detention centers including US military bases in Afghanistan and other countries. Reports in the press of torture being inflicted on detainees held at such secret detention canters raise grave concerns.
Finally it has also been reported that a number of prisoners have been “handed over” to the authorities of countries which habitually use brutal torture techniques for interrogation under torture.
In view of the serious allegations which have been made regarding the conditions and treatment inflicted on a number of these detainees, OMCT calls on the Commission to urge the government of the United States to issue an invitation to the Special Rapporteur on Torture and the Working Group on Arbitrary Detention to visit all detainees currently being held by or under the control of United States agents.
Madam Chairperson,
In Egypt, in the last few weeks, there have been numerous reports of the repression of anti-war demonstrations with the use of extreme violence. Police and state security forces have allegedly used disproportionate force against hundreds of demonstrators and a large number of those arrested have been subjected to torture. Detainees have reported being submitted to electroshocks, severe beatings, threats of torture and rape among others. Some of those detained were held by State Security forces notorious for their use of torture.
For many years now Egypt has used anti-terror legislation to suppress perceived opponents and dissidents. The State of Emergency, which has been in force almost continuously since 1967, was renewed in February of this year. The emergency law allows for the suspension of certain basic guarantees and notably permits the authorities to: prohibit public demonstrations, keep persons in detention without trial for prolonged periods and to refer civilians to military or exceptional state security courts. A number of anti-war demonstrators have been referred to the State Security Prosecution and are to face trials before the State Security Court.
Egypt has yet to comply with the Special Rapporteur on Torture’s request for an invitation to visit the country. OMCT would like to urge the Commission to call upon the government of Egypt to comply with the Special Rapporteur’s request without further delay.
Madam Chairperson,
Tunisia has long used torture as a method of stifling dissent. Today, as many as six hundred political prisoners, most of whom are suspected of having links to Islamic groups are reportedly being detained in the country. Reports of torture and other ill treatment by the security forces continue to be numerous. Many victims have indicated that they were tortured in the premises of the Ministry of the Interior.
Over the course of the last year the war on terror has become a justification for the repression of an ever greater number of perceived opponents. The report of the arrest of 20 young Internet users in February of this year is a disturbing development. Some of those arrested reported that they were tortured. This is a strong indication that the government is increasingly seeking to control not only the dissemination of information but also those seeking to receive it. Tunisia also has failed to respond to the request of the Special Rapporteur on Torture for an invitation to visit the country. OMCT calls upon the Commission to urge the government of Tunisia to issue such an invitation to the Special Rapporteur.
Madam Chairperson,
Between October 2002 and January of this year Bangladesh carried out a massive security operation known as Operation Clean Heart which reportedly resulted in the arrest and detention of over 11, 000 persons, approximately 1, 000 of whom reported injuries. Numerous persons reported that they had been tortured and as many as 44 detainees may have died as a result of torture. Other violations reported included intimidation of members of the press, and incommunicado detention. This operation was part of a campaign to eradicate violent crime and involved the deployment of over 40,000 troops in most towns and cities in the country.
On 23 February 2003 the Bangladeshi Parliament, adopted an ordinance proposed by the Government, granting immunity from prosecution to the troops involved in Operation Clean Heart. Indemnity Act 2003 was adopted despite the concerns previously expressed by both the Special Rapporteur on Extrajudicial Execution and the Special Rapporteur on Torture in a press release.
OMCT is extremely concerned both at the reports of extensive abuse linked to the execution of Operation Clean Heart and the amnesty that followed it. OMCT calls on the Commission to recommend that the government of Bangladesh repeal Indemnity Act 2003, and that it carry out and effective investigation into the human rights violations that allegedly occurred during its execution as well an ensuring that those responsible are brought to justice and that the victims receive adequate reparation. In view of the number of violations alleged and the impunity recently guaranteed by the government, OMCT also calls upon the Commission to urge the government of Bangladesh to invite the Special Rapporteurs on Torture and Extrajudicial Executions to carry out an on-site visit to the country without delay.
59th session
17 March -24 April 2003
Agenda Item 11 : Civil and political rights, including the questions of:
(a) Torture and detention;
(b) Disappearances and summary executions;
(c) Freedom of expression;
(d) Independence of the judiciary, administration of justice, impunity;
(e) Religious intolerance;
(f) States of emergency;
(g) Conscientious objection to military service.
Thank you Madam Chairperson,
The World Organisation Against Torture (OMCT) is deeply concerned about the continuing effects of the so-called “war against terror” on the respect for the prohibition against torture. In recent months, questioning in the western media of the absolute nature of the prohibition of torture alongside suggestions in many different fora that certain types of supposedly “light” or moderate torture could be acceptable in certain situations have become routine. OMCT would like to recall that the prohibition against torture is a norm that is absolute and cannot be suspended or suffer any kind of limitation under any circumstances under both human rights and humanitarian law. In view of the potentially grave consequences of the current debate, OMCT calls on the Commission on Human rights to explicitly reaffirm the jus cogens status of the prohibition against torture in this year’s resolution on torture.
Madam Chairperson,
In a number of countries the adoption of anti-terror laws and measures raise concern including: Egypt, Indonesia, Russia, Tunisia, the United Kingdom, the United States and Uzbekistan.
Since the attacks of September 11 2001, the United States has adopted a number of legal provisions and subterfuges that seem to have as their main objective either to severely limit certain prisoners’ legal guarantees or to place them entirely outside the protection of the law. Prisoners submitted to such measures have been kept in almost complete isolation and, in some cases, in incommunicado detention, rendering independent monitoring of their treatment extremely limited.
These detainees include: persons held in the United States on immigration charges, the approximately 650 detainees currently being held at Guantanamo Bay without charge: and an unspecified number of suspected security detainees who are reportedly being held in secret detention centers including US military bases in Afghanistan and other countries. Reports in the press of torture being inflicted on detainees held at such secret detention canters raise grave concerns.
Finally it has also been reported that a number of prisoners have been “handed over” to the authorities of countries which habitually use brutal torture techniques for interrogation under torture.
In view of the serious allegations which have been made regarding the conditions and treatment inflicted on a number of these detainees, OMCT calls on the Commission to urge the government of the United States to issue an invitation to the Special Rapporteur on Torture and the Working Group on Arbitrary Detention to visit all detainees currently being held by or under the control of United States agents.
Madam Chairperson,
In Egypt, in the last few weeks, there have been numerous reports of the repression of anti-war demonstrations with the use of extreme violence. Police and state security forces have allegedly used disproportionate force against hundreds of demonstrators and a large number of those arrested have been subjected to torture. Detainees have reported being submitted to electroshocks, severe beatings, threats of torture and rape among others. Some of those detained were held by State Security forces notorious for their use of torture.
For many years now Egypt has used anti-terror legislation to suppress perceived opponents and dissidents. The State of Emergency, which has been in force almost continuously since 1967, was renewed in February of this year. The emergency law allows for the suspension of certain basic guarantees and notably permits the authorities to: prohibit public demonstrations, keep persons in detention without trial for prolonged periods and to refer civilians to military or exceptional state security courts. A number of anti-war demonstrators have been referred to the State Security Prosecution and are to face trials before the State Security Court.
Egypt has yet to comply with the Special Rapporteur on Torture’s request for an invitation to visit the country. OMCT would like to urge the Commission to call upon the government of Egypt to comply with the Special Rapporteur’s request without further delay.
Madam Chairperson,
Tunisia has long used torture as a method of stifling dissent. Today, as many as six hundred political prisoners, most of whom are suspected of having links to Islamic groups are reportedly being detained in the country. Reports of torture and other ill treatment by the security forces continue to be numerous. Many victims have indicated that they were tortured in the premises of the Ministry of the Interior.
Over the course of the last year the war on terror has become a justification for the repression of an ever greater number of perceived opponents. The report of the arrest of 20 young Internet users in February of this year is a disturbing development. Some of those arrested reported that they were tortured. This is a strong indication that the government is increasingly seeking to control not only the dissemination of information but also those seeking to receive it. Tunisia also has failed to respond to the request of the Special Rapporteur on Torture for an invitation to visit the country. OMCT calls upon the Commission to urge the government of Tunisia to issue such an invitation to the Special Rapporteur.
Madam Chairperson,
Between October 2002 and January of this year Bangladesh carried out a massive security operation known as Operation Clean Heart which reportedly resulted in the arrest and detention of over 11, 000 persons, approximately 1, 000 of whom reported injuries. Numerous persons reported that they had been tortured and as many as 44 detainees may have died as a result of torture. Other violations reported included intimidation of members of the press, and incommunicado detention. This operation was part of a campaign to eradicate violent crime and involved the deployment of over 40,000 troops in most towns and cities in the country.
On 23 February 2003 the Bangladeshi Parliament, adopted an ordinance proposed by the Government, granting immunity from prosecution to the troops involved in Operation Clean Heart. Indemnity Act 2003 was adopted despite the concerns previously expressed by both the Special Rapporteur on Extrajudicial Execution and the Special Rapporteur on Torture in a press release.
OMCT is extremely concerned both at the reports of extensive abuse linked to the execution of Operation Clean Heart and the amnesty that followed it. OMCT calls on the Commission to recommend that the government of Bangladesh repeal Indemnity Act 2003, and that it carry out and effective investigation into the human rights violations that allegedly occurred during its execution as well an ensuring that those responsible are brought to justice and that the victims receive adequate reparation. In view of the number of violations alleged and the impunity recently guaranteed by the government, OMCT also calls upon the Commission to urge the government of Bangladesh to invite the Special Rapporteurs on Torture and Extrajudicial Executions to carry out an on-site visit to the country without delay.